2012+CLEVELAND+BD.+OF+EDUC.+V.+LOUDERMILL

Court Case #9

Megan Debo

Ashley Collins

Cleveland Board of Education v. Loudermill Argued: December 03, 1984

Decided: March 19, 1985

Background: Loudermill was hired as a security guard and was caught lying about committing a felony on his job application. He was fired and not allowed to have a hearing. Under Ohio’s law, he was entitled to his employment discharge by cause but also for the administration to review the dismissal. Since he didn’t get this review, he challenged his job discharge. Also, along with this case, was the firing of a bus mechanic, Donnelly on the notion that he failed an eye examination. He appealed his dismissal and was able to get his job back but without back pay.

Decision: Although Loudermill’s appeal was acceptable, the suit ended up being dismissed completely due to the failure to claim the property cause on the statue. Along with Loudermill, Donnelly’s case was reversed in the Court of Appeals due to their due process rights being violated.

Implication: In order for a decision on a person's employment termination to be withheld in court, the employer must provide due process in the form of a pre-termination opportunity for the employee to respond to the charge coupled with post-termination administrative procedures. In both of these cases, the employees who were discharged were not provided this form of due process and therefore the termination was void. This implies that all employees have a right to plead their side of the story before they are terminated.

Question:  Under the Due Process Clause, a person must receive a hearing prior to being discharged. True or False